Q6) The Practice Statement (5)- completely done

Question 1

What does the practice statement allow for?

Answer 1

-Departing from a previous decision when it appears ‘right to do so’ (overruling).

Question 2

Addie V Dumbreck (1929)

Answer 2

• Young boy crushed by machinery at a quarry and died.

- ‘no duty of care owed to tresspassers’

Question 3

BRB V Herrington (1972)

Answer 3

• where a young boy took a short cut across a trainline and was electrocuted and seriously injured
• ‘duty of care owed to tresspassers’

Question 4

What does the practice statement account for?

Answer 4

• Changes in attitudes.

- As seen in Dumbreck and Herrington- changes in health and safety/ trespassers.

Question 5

When was the practice statement used for the first time?

Answer 5

-1968.

Question 6

Who said the practice statement?

Answer 6

-Lord Gardiner.